80R9784 CAE-F
 
  By: Eissler, Eiland, et al. H.B. No. 314
 
  Substitute the following for H.B. No. 314:
 
  By:  Eissler C.S.H.B. No. 314
 
 
A BILL TO BE ENTITLED
AN ACT
relating to the classroom placement of multiple birth siblings in
public schools.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Subchapter B, Chapter 25, Education Code, is
amended by adding Section 25.043 to read as follows:
       Sec. 25.043.  CLASSROOM PLACEMENT OF MULTIPLE BIRTH
SIBLINGS.  (a)  In this section:
             (1)  "Multiple birth sibling" means a twin, triplet,
quadruplet, or other sibling resulting from a multiple birth.
             (2)  "Parent" includes a parent standing in parental
relation.
       (b)  The parent of multiple birth siblings who are assigned
to the same grade level and school may request in writing, not later
than the 14th day after the first day of enrollment, that the school
place the siblings in the same classroom or in separate classrooms.
       (c)  Except as provided by Subsection (d) or (g), a school
shall provide the multiple birth siblings with the classroom
placement requested by the parent.
       (d)  At the end of the first grading period following the
multiple birth siblings' enrollment in the school, if the principal
of the school, in consultation with the teacher of each classroom in
which the multiple birth siblings are placed, determines that the
requested classroom placement is disruptive to the school, the
principal may determine the appropriate classroom placement for the
siblings.
       (e)  A parent may appeal the principal's classroom placement
of multiple birth siblings in the manner provided by school
district policy. During an appeal, the multiple birth siblings
shall remain in the classroom chosen by the parent.
       (f)  The school may recommend to a parent the appropriate
classroom placement for the multiple birth siblings and may provide
professional educational advice to assist the parent with the
decision regarding appropriate classroom placement.
       (g)  A school district is not required to place multiple
birth siblings in separate classrooms if the request would require
the school district to add an additional class to the grade level of
the multiple birth siblings.
       (h)  This section does not affect a right or obligation under
Subchapter A, Chapter 29, or under the Individuals with
Disabilities Education Act (20 U.S.C. Section 1400 et seq.)
regarding the individual placement decisions of the school district
admission, review, and dismissal committee.
       SECTION 2.  Section 25.043, Education Code, as added by this
Act, applies beginning with the 2007-2008 school year.
       SECTION 3.  This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution.  If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2007.